UNDER A

POWER IN

A WILL.

trustees upon

will remain

same, together with all and singular the remedies of him the said C. D. for recovering or receiving the same [and all the right, &c.], TOGETHER WITH full right to ask, demand, sue for, recover and receive, and give effectual receipts and discharges for the said sum of £5000, and all interest thereon, as fully and effectually in all respects as he the said C. D. could do in his own proper person in case these presents had not been executed, To HAVE, receive anD TAKE the said sum, interest and To the new premises hereby assigned, or expressed and intended so to be, the trusts of uato the said E. F. and G. H., their executors, administrators ing undeterand assigns absolutely, but nevertheless upon and for such trusts, mined. intents and purposes, and with, under and subject to such powers, provisoes and declarations as under or by virtue of the said recited will of the said would, for the time being, have been subsisting, undetermined and capable of taking effect, of and concerning the aforesaid sum of £5000, thereby directed to be raised as aforesaid, and the annual produce thereof, if the same had been actually so raised and were now vested in the said E. F. and G. H., and the intents, powers and authorities in reference to the same by the said will given or limited to the said A. B. and C. D., their executors, administrators and assigns, or to the said A. B. and C. D. and the survivor of them, and their or his executors, administrators or assigns, had been thereby limited or given to the said E. F. and G. H., their executors, administrators or assigns, or to the said E. F. and G. H. and the survivor of them, and their or his executors, administrators and assigns, or as near thereto as the nature of the circumstances will admit: PROVIDED These preALWAYS, and it is hereby expressly agreed and declared sents not to between and by the parties to these presents, and particularly trustees from by the said C. D., that neither the retirement of him the respect of said C. D., nor the appointment of new trustees in manner having raised as aforesaid, nor the assignment of the said principal sum and on residuary interest to such new trustees, nor any other matter or thing herein contained shall in anywise affect, release or discharge, or be deemed or construed to affect, release or discharge the liability of the said C. D., his heirs, executors or administrators, or his or their estates and effects whatsoever or wheresoever, or any of them, or the estates and effects of the said A. B.

release old

liability in

their not

sum charged

estate.

UNDER A POWER IN

A WILL.

or any of them, by reason of the said A. B. and C. D. not hvaing raised the said sum of £5000 pursuant to the directions for that purpose contained in the said recited will of the said deceased, or by reason of any other matter or thing relating to the said sum, or to the interest thereof. IN WITNESS, &c.

IN PLACE OF

DECEASED

AND RETIR

ING TRUS

ment.

No. LXXVII.

APPOINTMENT of NEW TRUSTEES in pursuance of a
Power contained in a MARRIAGE SETTLEMENT.

TFES. THIS INDENTURE, made the

day of

BETWEEN Parties. D. P., of &c. of the first part, W. B., of &c. of the second part, and Recite settle- S. B., of &c. and C. M., of &c. of the third part [recite settlement whereby £3000 was vested in A. F. and W. B. upon the trusts therein mentioned, which are shortly recited, with a full statement Death of one of the power of changing trustees] : AND WHEREAS the said A. F. of trustees. departed this life on the

of a portion

monies.

day of

and the said W. B. thereupon became, and now is, the only trustee of the said indenture: AND WHEREAS the said

this life on the day of

[husband] departed

-, leaving the said D. P., his wife, and V. P. and G. P., the only children of the said marAppointment riage, and no other issue: AND WHEREAS by an indenture of trust bearing date the day of the said D. P. of the one part, and the said V. P. of the other part, and made or expressed to be made between [parties], she the said D. P. appointed the sum of £500, part of the sum of £3000 settled by the said recited indenture as aforesaid, unto the said V. P. absolutely, and the said sum of £500 has since been paid by Investment the said W. B. accordingly: AND WHEREAS the sum of £trust monies. part of the said sum of £2500, hath been advanced by the said W. B. on mortgage of certain hereditaments, situate, &c., made by an indenture bearing date the day of and made

of residue of

AND RETIR

ING TRUS

TEES.

surviving

discharged.

and securities

or expressed to be made between [parties] and the sum of IN PLACE OF £, other part thereof, hath also been advanced by the DECEASED said W. B. on the security of a mortgage of certain hereditaments, situate, &c., made by an indenture bearing date the day of and made or expressed to be made between [parties], and the sum of £, residue thereof, hath been likewise advanced by the said W. B. on a mortgage of other hereditaments, situate, &c.: AND WHEREAS the said W. B. Desire of is desirous of being discharged from the trusts reposed in him trustee to be by the said recited indenture of settlement, and the said D. P., in pursuance of the powers given to and vested in her by the same indenture, hath determined to appoint the said S. B. a trustee of the same indenture in the place or stead of the said A. F. deceased, and the said C. M. to be a trustee thereof in the place or stead of the said W. B., for all the purposes and with all the powers and authorities for and with which the said A. F. and W. B. were respectively thereby appointed trustees thereof: AND WHEREAS it is intended, and hath been agreed, Trust monies that the several sums of £——, £- and £, and the to be assured interest thereof, and the securities for the same, shall imme- tees. diately after the execution of these presents be assured and transferred by the said W. B. unto the said S. B. and C. M., and be held by them, their executors, administrators and assigns, upon the trusts hereinbefore mentioned or referred to: NOW THIS INDENTURE WITNESSETH, that in pur- Appointment suance of and for effectuating the said recited determination, trustees. she the said D. P., pursuant to and by force and virtue and in exercise and execution of the powers and authorities for this purpose given to or vested in her by the said recited indenture of settlement, and of every other power and authority in anywise enabling her in this behalf, hath nominated and appointed, and by this writing under her hand and seal, and attested as to her signing, sealing and delivering the same by the two credible persons whose names are hereupon indorsed as witnesses attesting the execution of these presents, doth by these presents nominate and appoint the said S. B. to be a trustee of the said trust monies and premises comprised in or subject to the said recited indenture of settlement in the place and stead of the said A. F. deceased, and the

to new trus

of two new

IN PLACE OF

AND RETIR

TELS.

that new

hold trust monies on

said C. M. to be a trustee thereof in the place and stead of the DECEASED said W. B., upon and for the trusts, intents and purposes, ING TRUS. and with the powers and authorities upon, for and with which the said A. F. and W. B. were respectively appointed trustees by the same indenture, or such of them as still remain to be performed: AND THIS INDENTURE ALSO WITNESSETH, that for further effectuating the said recited determination, it is hereby declared and agreed by and between the Declaration said parties to these presents that the said three several sums trustees shall of £, £—— and £, and the interest due and to become due in respect thereof, and the several securities for the same, shall, when so assured and transferred as aforesaid, be held by them the said S. B. and C. M., and the survivor of them, and the heirs, executors or administrators of such survivor, their or his assigns (as the case may be), upon and for such of the trusts, intents and purposes, and with, under and subject to such of the powers, provisoes, agreements and declarations in and by the said hereinbefore recited indenture of the day of expressed, declared and contained of and concerning the same, as are now subsisting, undetermined and capable of taking effect or being performed. IN WITNESS, &c.

trusts of settlement.

397

DISENTAILING ASSURANCES.

tenant in tail

in

of base fees.

A TENANT in tail in possession can convert his Powers of a estate tail into a fee simple by a deed of disposition or remainder. under the Fines and Recoveries Act (3 & 4 Wm. 4. c. 74.); but where the entail is preceded by a life estate, the tenant in tail is unable to create any larger estate than a base fee without the consent of the tenant for life. And in other cases, where there Enlargement is a protector of the settlement, his consent is requisite to enable a tenant in tail to create any larger estate than a base fee, unless where the tenant in tail is entitled to the immediate reversion in fee, in which case the base fee is at once enlarged into a fee simple. (See ss. 15, 35 and 39 of 3 & 4 Wm. 4. c. 74.)

tenant in tail to enlarge base fee.

A tenant in tail who has enlarged his estate tail Power of into a base fee, is in a position, of his own authority, to convert such base fee into a fee simple by a deed of disposition under the act, so soon as there ceases to be a protector of the settlement. (Sect. 19.)